Former Whitpain cop faces February trial for alleged DUI

NORRISTOWN — A former Whitpain police officer faces a trial after a judge denied his request to dismiss charges that he allegedly drove drunk while off duty in Whitemarsh and while involved in a physical altercation with his wife.

Gerald John Schwartz, 47, of Burholme Avenue, Philadelphia, faces a nonjury trial Feb. 20 before Montgomery County Judge Joseph A. Smyth on charges of driving under the influence of alcohol, driving under the influence of a combination of alcohol and the controlled substance oxycodone and harassment in connection with the alleged 3:16 a.m. Aug. 27, 2011, incident in Whitemarsh.

The judge set the trial date after finding prosecutors presented sufficient evidence to support Schwartz’s arrest, essentially denying Schwartz’s request that the evidence be suppressed and the charges dismissed. Schwartz remains free on $2,000 unsecured bail pending trial.

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With the charges, authorities alleged Schwartz had a blood-alcohol content of 0.26 percent, which is more than three times the legal driving limit of 0.08 percent for Pennsylvania drivers at the time of the alleged incident in Whitemarsh. An analysis of a blood draw also found traces of oxycodone in Schwartz’s blood sample, according to the criminal complaint.

During the pretrial hearing, Whitemarsh police officers testified they responded to a report of an alleged “physical domestic in a vehicle” in the 500 block of Bethlehem Pike. When the first officer arrived on the scene, he encountered Schwartz sitting in the driver’s seat of his yellow Dodge Charger with the driver’s side door open and the headlights on, parked in a driveway off Bethlehem Pike, according to court papers.

“He was slurring. He had bloodshot eyes and he did smell of alcohol,” Whitemarsh Police Officer Michael Hannon testified for Assistant District Attorney Wallis Brooks.

“His eyes were glassy and bloodshot. I believe he was intoxicated, under the influence of alcohol,” added Cpl. Howard Laskey.

Hannon and Laskey each testified they gave Schwartz routine field-sobriety tests, all of which they claimed Schwartz failed, including stuttering while reciting the alphabet and losing his balance during a heel to toe test. Brooks played a police videotape of Schwartz’s sobriety tests for the judge.

Under cross examination by defense lawyer Edwin L. Guyer the officers testified Schwartz was cooperative with police. The officers also testified under cross-examination that they hadn’t seen the keys to the car during their investigation at the scene, Guyer appearing with the question to imply that there is no evidence Schwartz was driving the car.

During a 911 call, which prosecutors also played for the judge, the woman told police that during an argument she got out of Schwartz’s vehicle and was “hiding behind trash containers” along Bethlehem Pike.

Schwartz’s wife told police the couple had been drinking at a Whitpain bar earlier in the evening and that they left the bar “because they got into an argument and Gerald started ‘freaking out,’” according to the arrest affidavit and testimony.

“While in the car on their way home, (the victim) stated, the argument continued,” Laskey alleged in court documents.

Although responding police saw no visible signs of injury on the woman, she did tell police that Schwartz “yelled and cursed at her” and struck her as the argument continued in the car.

“(The victim) stated she was struck several times: three times on the left shoulder, once on the jaw and once on the left leg,” Laskey wrote in the arrest affidavit.

With the harassment charge, authorities alleged Schwartz, “with intent to harass, annoy or alarm another,” struck, shoved, kicked or otherwise subjected the other person to “physical contact” or attempted or threatened to do the same.

The victim also allegedly discussed with police Schwartz’s “inability to drive,” claiming Schwartz was “all over the road” and failed to stop for three red traffic signals, according to testimony.

The woman, according to her claims contained in the criminal complaint, indicated Schwartz eventually pulled over in the area of the 500 block of Bethlehem Pike, at which time she asked him if he knew where he was. Schwartz allegedly called the woman a derogatory term and she took the keys, got out of the vehicle and called 911, according to testimony.

In February 2011, the Whitpain Board of Supervisors approved a settlement and release agreement between the township and Schwartz, essentially ending Schwartz’s employment with the police department. The supervisors’ vote to approve the release agreement was subject to review by the township solicitor and acceptance of the terms by Schwartz.

Schwartz joined the Whitpain Police Department Aug. 1, 1988, and held the rank of patrolman.